This is the agreement between you, the end user, and Skybound Software. By installing this software, you are agreeing to become bound by the terms of this agreement (the "License Agreement").
If you do not agree to the terms of this agreement, do not use this software. Promptly remove it from your computer.
Skybound Software, as Licensor, grants to you, the Licensee, a non-exclusive right to use this software program (hereinafter the "Software") under the following terms and conditions:
A. Free License
You are granted a non-exclusive, non-transferable, worldwide, royalty-free license to install and use the Software on any number of computers, and to redistribute the Software under the terms of Section 6.
B. Source Code License
You are granted the same rights as defined in Section A, in addition to the following: The source code used to create the Software from Skybound Software (Source Code) may be provided to you with the purchase of a Source Code License for the associated product. As used in this License Agreement, "You" shall also mean the individual using or installing the source code together with any individual or entities, including but not limited to your employer, on whose behalf you are acting in using or installing the source code. This Agreement is effective indefinitely and once completed, cannot be terminated. Skybound Software hereby grants you a non-exclusive, non-transferable, worldwide license during the term of this Agreement to use the Source Code for the associated product purchased. In the event the license agreement to the associated product is terminated for any reason; (1) Your rights to use the Source Code are revoked and (2) You shall destroy all copies of the Source Code including any Source Code used in your applications.
You agree to the following limitations on usage of the Source Code:
A. Confidentiality
You shall protect and keep secure all source code provided with the Software. All Source Code provided with the Software that is used with an application that is distributed or accessible outside your organization (including use from the Internet) must be protected to the extent that it cannot be easily viewed, extracted or decompiled. .NET products must be completely obfuscated. Visual Basic 6 applications must be compiled using the "Native Code" option because Visual Basic that is compiled to "P-Code" can be easily decompiled.
B. Derived Works
You may not expose any API that allows access to the functions of the source code except as necessary for the use of your application.
C. Noncompetition
You may not resell, rent, lease or distribute the products created from the source code in any way that would compete with Skybound Software.
D. Copyright Notices
Skybound Software's copyright notices may not be removed from the source code.
E. Usage of Manufacturer Name
Any products developed using the Source Code may not be named Skybound or bear the name "Skybound" in the product or assembly name without the express written permission of Skybound Software.
F. Acknowledgement
The end-user documentation included with the redistribution, if any, must include the following acknowledgment: "This program includes software developed by Skybound Software (http://www.skybound.ca)." Alternately, this acknowledgment may appear in the software itself, if and wherever such third-party acknowledgments normally appear.
Skybound Software retains the copyright, title and ownership of the Software and the written materials regardless of the form or media in or on which the original and other copies may exist. All rights not specifically granted in this License Agreement, including Federal and International Copyrights, are reserved by Skybound Software and its suppliers.
You may transfer the Software from one of your computers to another computer provided that the Software is transferred without modification. You may not transfer, assign, rent, lease, sell, or otherwise dispose of the software in exchange for consideration, or on a temporary basis.
This License commences upon the installation of the software and is effective until the Software has been removed from each of your computers. This License terminates automatically without notice from Skybound Software if you fail to comply with any provision of this License. Upon termination you shall remove the Software from your computers. No additional amendment or modification may be made to this agreement except in writing signed by both the Licensee and Skybound Software.
Subject to the terms and conditions in this license agreement, you are granted a royalty-free license to redistribute the Software only in binary form as part of another application. Source Code may not be be distributed in any form, with or without modifications, without the express written permission of Skybound Software.
Skybound Software may, in its sole discretion, provide updates to the Software and/or related information ("Updates") to you hereunder, in which case such Updates shall also be considered part of the Software and therefore governed by this License Agreement, unless other terms of use are provided by Skybound Software with the Updates.
If this copy of the Software is an upgrade from an earlier version of the Software, it is provided to you on a license exchange basis. You agree by your installation and use of such copy of the Software to voluntarily terminate your earlier License Agreement, to make this License Agreement effective.
i. THIS SOFTWARE AND ACCOMPANYING DOCUMENTATION (INCLUDING INSTRUCTIONS FOR USE) ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, FURTHER, SKYBOUND SOFTWARE DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF USE, OF THE SOFTWARE OR DOCUMENTATION IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU. IF THE SOFTWARE OR WRITTEN MATERIALS ARE DEFECTIVE, YOU, AND NOT SKYBOUND SOFTWARE OR ITS DEALERS, DISTRIBUTORS, AGENTS, OR EMPLOYEES, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
ii. SKYBOUND SOFTWARE DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE THAT IS MADE BY SKYBOUND SOFTWARE, ON THIS SKYBOUND SOFTWARE PRODUCT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SKYBOUND SOFTWARE, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM PROVINCE TO PROVINCE.
iii.NEITHER SKYBOUND SOFTWARE NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THIS PRODUCT SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE SUCH PRODUCT EVEN IF SKYBOUND SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
iv. SHOULD ANY OTHER WARRANTIES BE FOUND TO EXIST, SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO NINETY (90) DAYS FOLLOWING THE DATE OF DELIVERY TO YOU. IN NO EVENT WILL SKYBOUND SOFTWARE'S LIABILITY FOR ANY DAMAGES TO YOU OR ANY OTHER PERSON EXCEED THE AMOUNT PAID FOR THE LICENSE TO USE THE SOFTWARE.
You agree to indemnify, hold harmless and defend Skybound Software from and against any loss, damage, claims or lawsuits, including attorney's fees, which arise or result from the use or distribution of your application.
This License shall be governed and construed in accordance with the laws of the province of Ontario and shall benefit Skybound Software, its successors and assigns. If the Software was acquired outside Canada, local law may apply.
This agreement constitutes the entire agreement between the end user and Skybound Software.